Thailand Property Ownership Page 2

A Thai spouse may legally own land, but the transaction must reflect genuine ownership and comply with declarations and Land Office requirements. A foreign spouse should not assume that paying the purchase price creates hidden ownership or control. Family, succession and relationship risks must be discussed openly. Each spouse should receive independent advice where interests differ, and documents should not be used to create an unlawful nominee arrangemen…

Thai property arrangements can separate ownership or rights in a building from rights in the land. A buyer may own a structure while holding a registered lease, superficies or another right over the land. The documents must identify the building and land clearly, fit together, and provide workable rights for access, repair, insurance, transfer and succession. Ask the lawyer to produce a plain-language diagram of who owns what and which rights are registere…

A foreign buyer may be able to own a building or villa separately from the land, but that does not automatically create ownership of the land beneath it. The structure must be supported by documents, registered rights and a contract that works in practice. Check building ownership evidence, permits, construction history, land rights, access, utilities, insurance and what happens when the land right ends. Avoid shorthand claims such as “foreign freehold vil…

The Condominium Act framework generally limits foreign ownership to no more than 49 percent of the aggregate unit area in a registered condominium building. The relevant question is whether quota is available for the specific transfer, not whether foreign buyers have previously purchased in the project. Obtain a current juristic-person certificate and have the transfer documents reviewed. A marketing statement or old quota figure should not replace evidenc…

Foreign freehold condominium ownership may be available when the building is legally registered as a condominium, the foreign ownership quota is available and the buyer satisfies the required evidence and registration conditions. The headline “foreign freehold” is not enough. Confirm the unit title, current quota certificate, juristic-person records, debt-free documentation, source-of-funds evidence, contract and Land Office process through an independent …

As a general guide, foreign individuals cannot directly own Thai land simply because they buy a villa or move to Phuket. Limited statutory exceptions exist, but they are narrow and should never be treated as the normal purchase route. A buyer must identify exactly who owns the land, what right the buyer will register, how long that right lasts, and what happens on sale, death, default or a change of landowner. Independent Thai legal advice is essential bef…